MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 March 2001
	DOCKET NUMBER:    AR2000046833

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That he be awarded the Purple Heart.

APPLICANT STATES: That while stationed in Vietnam he was wounded by shrapnel.

In support of his request the applicant submits an extract from his health record which indicates that on 23 March 1970 he had shrapnel removed from just under the skin.

EVIDENCE OF RECORD: The applicant's military records show:

He was inducted on 26 February 1969 and completed training as an infantryman. He served in Vietnam from 22 July 1969 to 21 July 1970 and was honorably discharged on 25 February 1971.

His awards include the National Defense Service Medal, the Vietnam Campaign Medal with 1960 Device, the Vietnam Service Medal with two bronze service stars, the Bronze Star Medal with “V” Device and oak leaf cluster, the Air Medal and the Army Commendation Medal.

The applicant’s DD Form 214 (Separation Document) which was authenticated in his own hand at the time of his separation, does not show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart.

The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

AR 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Neither is there evidence that his unit or a hospital commander recommended him for the Purple Heart.

2.  The applicant severely hindered his claim by waiting over 30 years to request award of the Purple Heart.  The unknown whereabouts or the passing of his former leaders and eyewitnesses prevents the verification of the applicant’s scenario of events.  Therefore, his request must be denied.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

____jhk__  ____clg __  ____rtd___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000046833	
SUFFIX		
RECON		
DATE BOARDED	20010301	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.